August 21, 2019

Colorado Supreme Court: Costs of SANE Exam Extraordinary and Therefore May Be Recovered as Restitution

The Colorado Supreme Court issued its opinion in Teague v. People on Monday, June 5, 2017.

Criminal Law—Sentencing and Punishment—Costs Taxable Against Defendant.

In this consolidated opinion, the supreme court addressed whether sexual offenders must shoulder the cost of their victims’ forensic medical examinations as criminal restitution. By statute, such restitution may include “extraordinary direct public . . . investigative costs.” The court therefore considered whether the cost of a sexual assault nurse examiner (SANE) examination is “extraordinary” for purposes of the statute. As both a medical and investigative response to a sexual offense, these examinations necessarily perform dual roles. The court concluded that the hybrid nature of these exams renders them, and their resulting costs, extraordinary. It further concluded that the state may therefore recover those costs as restitution.

Summary provided courtesy of The Colorado Lawyer.

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